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CC MINS 19810915 M I N U T E S RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 1981 The meeting was called to order at 7:40 P.M. by Mayor Jacki Bacharach at the Palos Verdes Unified School District Building, 30942 Hawthorne Boulevard. After the Pledge of Allegiance to the flag, roll call was answered as follows: 11/ PRESENT: HEIN, DYDA, SHAW, & MAYOR BACHARACH LATE ARRIVAL: RYAN @ 7:45 P.M. Also present were City Manager Donald Guluzzy, Director of Public Works Carl Abel, Director of Planning Sharon W. Hightower, Associate Planner Ann Negendank, Assistant Planner Alice Angus, Director of Parks & Recreation Maynard Law, Director of Community Services Tom Bandy, Administrative Assistant Julie Christensen, and Deputy City Clerk Mary Jo Lofthus. APPROVAL OF AGENDA After addition of Klondike Canyon (Dyda) and Agenda Back-up Material (Shaw) the amended agenda was approved on motion of Councilwoman Shaw, seconded by Councilwoman Hein and carried. WAIVER OF FULL READING OF Councilwoman Shaw moved, seconded by ORDINANCES & RESOLUTIONS Councilwoman Hein and carried to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading deemed to be given by all members of Council after reading of the title unless specific request was made at that time for reading of such ordinance or resolution. # # II # 11 11 11 If If CONSENT CALENDAR: After removal of Item A-2 (Register of Demands and Supplemental Register) , A-5 (Berry Hill Undergrounding) , and A-8 (Pacific Care Medical) the remainder of the Consent Calendar was approved as follows on motion of Councilman Dyda, seconded by Councilwoman Shaw. MINUTES Approved as presented the minutes of August 18, 1981. SOUTH BAY CORRIDOR JOINT Approved the agreement and authorized the POWERS- EXTENSION OF Mayor and City Clerk to sign this Agreement AGREEMENT for Extension of Term of the Joint Powers (1505) Agreement for the South Bay Corridor Study Phase III (Implementation) . TRAFFIC ACCIDENT SURVEILLANCE Authorized the Mayor and City Clerk to IDENTIFICATION GRANT sign a grant application with the Office (1502) of Traffic Safety in the amount of $45,000. TRACT NO. 32614 - ACCEPTANCE OF Approved the work, released Bond No. SANITARY SEWERS, RELEASE OF BOND SC708 6534 and directed the City Clerk to (1411) notify the principal, surety, and City Engineer of Council's action. TRACT NO. 36301 - CONSTRUCTION Accepted the work and instructed the City OF PRIVATE DRIVEWAY Clerk to notify all parties involved. (1411) The motion to approve the Consent Calendar carried on the following roll call vote: AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH NOES: NONE EXPENDITURE BUDGET SYSTEM & City Manager Guluzzy presented the GENERAL FUND BUDGET FOR FISCAL proposed resolution which outlined the YEAR 1981-82 appropriations for General Government (602) (City Council, City Manager, City Attorney, Non-Departmental, Community Services, Administrative Services) , Public Safety (Public Services Program) , Community Development (Public Works, Environ- mental Services, Regulatory, Inspection and Miscellaneous Services) , and Parks & Recreation. Commenting that these expenditure figures were available for public review he said that the final document would be ready next week. Council commented on the procedure to be followed in case of any change in service levels, and if it was necessary to have this resolution adopted at this meeting. RESOLUTION NO. 81-67 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING AN EXPENDITURE BUDGETING SYSTEM AND ADOPTING THE GENERAL FUND BUDGET FOR FISCAL YEAR 1981-82 was presented by title. Councilwoman Shaw moved, seconded by Mayor Bacharach to adopt this resolution. With the permission of the maker, Mayor Bacharach moved to amend Paragraph J. by adding: "In no case shall service levels be altered without City Council review. The amendment carried on a four - one vote with Councilman Dyda voting in opposition. Councilman Ryan moved, seconded by Councilwoman Hein to table this matter until the next meeting. The motion carried on a three - two vote with Councilmembers Shaw and Bacharach voting in opposition. PUBLIC HEARINGS: CODE AMENDMENT NO. 11 - Mayor Bacharach opened the public LOT SPLITS hearing and the Clerk reported that (1801) notice had been duly published with no written protest on file. Director Hightower presented the staff report on this request by the Council of Home- owners to initiate a code amendment revising the method of measuring lot areas to exclude any access easement, right-of-way, or private street from being included in determining lot area. At its regular meeting of August 11th the Planning Commission discussed the amendment; the Commission recommended approval of this amendment with the comment that they felt it would provide consistency and uniform application of the Code and would create a more equitable method of determining lot sizes. Staff recommended that Council deny this amendment. Representing the Homeowners Council was John Arand, 5731 Mistridge, who told the Council that the members have reviewed this proposal and support the Commission's recommendation. Speaking against this amendment was Julius Korta, 5 Rockinghorse and Richard Owen, 1 Rockinghorse. They told the Council that they would like their requests for lot splits to be considered under the existing code; that their present lots were big and difficult to sell. There being no response to the Mayor's call for additional public testimony, she declared the hearing closed. Council then discussed the number of lots that could apply for these splits and if this would be consistent with the rest of the Development Code. Councilman Dyda moved, seconded by Councilman Ryan to adopt the staff recommendation and deny Code Amendment No. 11. The motion carried on a four - one vote with Council- woman Hein voting in opposition. CHANGE IN AGENDA Councilman Dyda moved, seconded by Councilwoman Hein and carried to reopen the agenda. He then moved, seconded by Councilwoman Hein to consider the proposed re- solution for Seaview parking as the next item of business. (At 8:20 P.M. the City Attorney arrived.) City Council -2- 9/15/81 RESOLUTION NO. 81-67 - PROVIDING Director Abel presented the staff report PROHIBITED PARKING ZONES IN THE of September 15th which summarized this SEAVIEW AREA request from the Seaview Homeowners (1502) Association for parking restrictions on selected local streets. Staff recommended that Council adopt the proposed resolution establishing these restrictions on Palos Verdes Drive South frontage road (north side) , Admirable Drive, Conqueror Drive from Palos Verdes Drive South to Exultant Drive, Palos Verdes Drive South frontage road (South Side) and Schooner Drive, from Palos Verdes Drive South to Exultant Drive. Council then discussed if this was consistent with the other parking restrictions along Palos Verdes Drive South and with the testimony heard by the Traffic Committee. Speaking in favor of these parking restrictions were Joe Lindofer, 4207 Palos Verdes Drive South and Bob Locke, 4332 Admirable. They cited some concerns such as the overnight parking that takes place in the area and if the 6:00 A.M. to 6:00 P.M. restrictions would cut down on the heavy traffic problem. After Council discussion of the hours of restriction it was the general consensus that they be extended from 6:00 A.M. to 12:00 A.M. The City Attorney suggested that Section 1 be amended to read as follows: "When appropriate signs have been erected giving notice thereof, no person shall park from 6:00 A.M. to 12:00 A.M. without permit on the following streets:" Additionally, Schooner Drive was added to this Section 1. Section 2 should read as follows: "When appropriate signs have been erected giving notice thereof, no person shall stop, stand or park a motor vehicle on the following streets:" RESOLUTION NO. 81-67 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES PROVIDING FOR PROHIBITED PARKING ZONES FROM 6:00 A.M. TO 12:00 A.M. AND PROHIBITED STOPPING ZONES ON VARIOUS LOCAL STREETS was read by title and ADOPTED as amended on motion of Councilman Ryan, seconded by Councilman Dyda and carried. Councilman Dyda moved, seconded by Councilwoman Shaw and carried that staff and the City Attorney be directed to prepare an appropriate resolution covering criteria for a permit system consistent with the findings of the Traffic Committee for both the Seaview area and the Lower Abalone Cove area. Such resolution to be presented at the next Council meeting. PUBLIC HEARING - GENERAL PLAN Mayor Bacharach opened the public hearing AMENDMENT NO. 9 - HOUSING ELEMENT and the City Clerk reported that notice (701) had been published. Written protests had been presented to Council and were avail- able for public viewing. Associate Planner Ann Negendank presented the staff report on this amendment explaining that State legislation requires all cities and counties conform their housing elements with the requirements of AB2853. She cited the Housing Committee Meetings that have been taking place since May and the August 11th meeting where the Planning Commission held a public hearing and unanimously voted to forward a recommendation to the Council that this amendment be approved, thus bringing the City's housing element into conformance. Additionally, she commented that the notification and publication requirements had been completed; the draft amendment submitted to the California Department of Housing and Community Development (CDHCD) for review and comment. To date no written comments had been received from that agency. Ms. Negendank noted two minor text clarifications on H-1 and P-l. Staff recommended that after taking public testimony, Council continue the hearing until October 1, 1981 to allow additional time for comments to be received from CDHCD. Council then discussed the penalties involved for not adopting such an amendment by the October 1st deadline and received staff assurance that this document was the same as that presented to CDHCD. Speaking against this amendment were the following residents: Mrs. Fern Jones representing the Ridgecrest Homeowners Association, 28950 Crestridge, Tim Burrell, 4038 Exultant, John Arand, representing the Rancho Palos Verdes Council of Homeowners, 5731 Mistridge, and Joseph Ragozino, 5735 Mistridge. They were concerned about changing the General Plan without the consent of the residents, increasing the density in the Crestridge area, if AB2853 was unconstitutional, who would pay for the increase in costs because of the increase in housing density, and if the in lieu fee for the coastal zone should be used for the housing element. Mr. Arand presented a letter from the Homeowners Council dated September 15 1981. This letter is on file with the City Clerk's office. City Council -3- 9/15/81 In response to Council's inquiry, Director Hightower said that there was no proposal to change any density, height limitations or zones; this was a statement of goals and policies and a proposal of various items for study. Councilwoman Shaw moved, seconded by Councilman Ryan and carried to continue the public hearing to September 23rd. Citing the City Attorney's opinion that this would not be considered a substantial change, Councilman Dyda moved, seconded by Councilwoman Hein and carried that staff incorporate into the study the graphs he prepared on the results of the City's housing element survey. He also moved, seconded by Councilwoman Hein and carried that staff get the EPA demographic information about impact of the transportation corridors and present to Council at the next meeting. GRADING APPLICATION NO. 528 - Assistant Planner Alice Angus presented APPELLANTS: MR & MRS REAL the staff report of September 15, 1981 APPLICANT: MR & MRS VINKO JAKSIC which described this grading applicatio (1801) approved by the Planning Commission on June 9th, allowing grading on slopes greater than 35 per cent and a five foot retaining wall to provide an access driveway to service an adjacent lot. The applicant requested the grading to provide the access because there was no alternative method of providing access for the lot behind his property. An appeal was received on June 19th from Mr & Mrs Real and Mr & Mrs Michaels. The appeal letter was signed by approximately 60 residents; to-date the City received numerous letters from residents requesting their names be removed from the appeal and supporting the proposed grading. City Attorney Coughlan told the applicant that before Council could grant a permit for grading that he would have to present proof that he had the right to cross the easement. This proof could be in the form of a quiet title, or some other means. The Appellant, Manual Real, 2063 Chandeleur, told the Council that the plans did not show the contours on the south; nothing in the report mentioned the California fault which he said was within 100 feet of the proposed grading, and questioned the effects of the swimming pool on this grading and the effects of this driveway on the traffic on Chandeleur. Mr. D. Michaels, 2232 Daladier, questioned the slope of the driveway and if it was sufficient to allow access in case of a fire. Representing the Applicant, Attorney Ronald Pass, 28958 Crestridge Road, told the Council that grading will take place only below the easement; that it would be unfair to have the applicant go through the expense of quiet title and questioned if the grading could be held up pending this title search. The engineer for this project, Mr. Henry Guzman, 1940 Irene Street, West Covina, told the Council that there is a letter on file with the County indicating that this area was geologically sound and no problems would be posed by putting in this driveway. John Vilicich, 1622 South Garey Street, San Pedro said he designed the house and the present driveway and requested that this application be granted. Mr. Pass requested that the Council accept the Planning Commission's recommendation and deny the appeal. The appellants and the applicant were then given the opportunity to rebut opposing testimony. Councilman Dyda moved, seconded by Councilman Ryan and carried to continue this matter for a period not to exceed 60 days to allow for sufficient evidence proving that the applicant can cross that easement. KLONDIKE CANYON GEOLOGIC HAZARD Director Bandy presented the staff ABATEMENT DISTRICT - PROPOSED report of September 4th which rec- TIMELINE ommended that the Council approve the (1801) proposed timeline for the formation of this district. Council then discussed whether the City was in receipt of Dr. Ehlig's report establishing the eastern boundary of the District, if the residents of the area had been apprised of the cost involved, if the data being prepared by Moore and Taber was available, if Dr. Ehlig would be prepared to present his information within two weeks, and if staff was City Council -4- 9/15/81 prepared to present recommendations for the Palos Verdes Drive South drainage problem. Representing the district was Bob Locke, 4332 Admirable who told the Council that people in the area were trying to get the hold harmless agreements and get started on the repairs. Mr. Ludwig Zelt, 4354 Exultant Drive talked about his observations of the drainage in the area and the increase in the flow of water. Councilman Dyda moved, seconded by Councilwoman Hein and carried that staff factor in the additional geologic work that needs to be done for establishment of the boundary, and identify the feasibility and alternatives for the lower portion of Klondike Canyon so a time line can be developed taking those elements into consideration. This information to be brought back at the next Council meeting. Additionally, Councilman Dyda moved, seconded by Councilwoman Hein that staff be authorized to perform tests on the water in that area for an amount not to exceed $1,000. The motion carried on the following roll call vote: • AYES: HEIN, RYAN, DYDA, SHAW & MAYOR BACHARACH NOES: NONE PUBLIC HEARING Mayor Bacharach reopened this public REMOVAL OF EARTHEN DAM hearing that had been continued from KLONDIKE CANYON August 18th meeting. (1801) Speaking in response to the Mayor's call for public testimony was Mr. Ludwig Zelt, 4354 Exultant Drive, who told the Council that the dam had been removed. There being no further testimony, Councilwoman Hein moved, seconded by Councilwoman Shaw and carried to close the public hearing. CHANGE IN AGENDA Councilman Dyda moved, seconded by Councilwoman Hein and carried to reopen the agenda. SUIT AGAINST THE CITY BY THE Commenting that the City was now named RESIDENTS OF ABALONE COVE as a defendant in this law suit and that LANDSLIDE AREA the City was now being defended by the (303 x 1801) JPIA, City Attorney Coughlan recommended that the City request the JPIA that they retain the law firm of Richards, Watson, Dreyfuss & Gershon to handle this matter for the City. Councilwoman Hein so moved, seconded by Councilman Dyda. John Tretheway, 1 Cinnamon Lane, told the Council that he was opposed to the City being named as a defendant in this law suit; that there had never been any discussion by the District about the law suit and that the District has not taken any position regarding this suit. After Council comments on whether the City Attorney should represent the City in this case, the motion carried unanimously. Councilman Dyda moved, seconded by Councilwoman Hein and carried that if the JPIA does not employ Richards, Watson, Dreyfuss and Gershon to represent the City in this matter, that the City Attorney be authorized to represent the City in those aspects of the case not being defended by the JPIA. ORDINANCE NO. 140U - Moratorium Director Hightower presented the staff Exemption report of September 15th which noted (1801) Council's direction to staff that an amendment to the Moratorium Ordinance be prepared to allow for the filing of a lot line adjustment. Staff recommended that Council adopt the proposed ordinance. ORDINANCE NO. 140U OF THE CITY OF RANCHO PALOS VERDES AMENDING ORDINANCE NO. 108U, AS AMENDED BY ORDINANCE NOS. 118U, 120U, 123U, 128U, 130U, 131U, and 139U AND DECLARING THE URGENCY THEREOF was read by title and ADOPTED on motion of Councilwoman Hein, seconded by Councilman Dyda. The motion carried on the following roll call vote: AYES: RYAN, HEIN, DYDA, SHAW, & MAYOR BACHARACH NOES: NONE REPORT ON ABALONE COVE Councilman Dyda reported that the Land- LANDSLIDE ABATEMENT DISTRICT slide Abatement District was preparing an (1801) RFP for the impervious lining of portions City Council -5- 9/15/81 of Altamira Canyon; there has also been an increase in the flow of the water in the Abalone Cove wells and where it is coming from is a matter of concern to the Board. The District Chairman John Tretheway told the Council that he is grateful for the work done by the City in that area and that he was now in a position to withdraw his name from the complaint against the City. He will, however stay in the suit against the County and the Sanitation District. Referring to the recent newspaper article about a conflict of interest, he said he knew of nothing that has come before the Board that has presented a conflict between the City and the Board. He would like the Council and the District to maintain their good relationship. Councilwoman Hein moved, seconded by Councilwoman Shaw and carried to send a letter to the District's Board requesting continuation of the mutual cooperation that has existed between the Council and the Board. AB893 - CALIFORNIA Councilwoman Hein requested that the COMMUNITIES ACT Council go on record opposing this (306) legislation. Councilman Dyda so moved, seconded by Councilwoman Hein and carried. COUNCIL POLICY ON AGENDA Referring to superfluous material in BACK UP MATERIAL the agenda package, Councilwoman Shaw (307) moved, seconded by Councilman Ryan and carried that standard staff documents not be included in the agenda back-up material unless specifically pertaining to the decision being made by the City Council. AGENDA FORMAT Mayor Bacharach moved, seconded by (307) Councilman Ryan and carried to consider the format of the agenda at the next Council meeting. RESOLUTION NO. 81-68 ADOPTING RESOLUTION NO. 81-68 OF THE CITY COUNCIL 1981-82 FISCAL YEAR APPROPRIATION OF THE CITY OF RANCHO PALOS VERDES LIMIT ESTABLISHING THE 1981-82 FISCAL YEAR (602) APPROPRIATION LIMIT FOR THE CITY OF RANCHO PALOS VERDES was read by title and adopted on motion of Councilwoman Shaw, seconded by Councilman Dyda and carried. CAPITAL IMPROVEMENT PROGRAM It was the consensus of Council to FOR SIX YEARS Consider this matter at the October 6th meeting. # # 11 ITEMS REMOVED FROM THE CONSENT CALENDAR: PROCEDURE ON SUPPLEMENTAL REGISTER Councilwoman Hein moved, seconded by OF DEMANDS Councilman Dyda and carried to have (307) this procedure brought back at the next meeting for explanation and review by Council. Also, this supplement should be presented to Council no later than one day prior to the meeting. RESOLUTION NO. 81-69 - RESOLUTION NO. 81-69 OF THE CITY COUNCI REGISTER OF DEMANDS OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $107,636.67, DEMAND NUMBERS 10220 THROUGH 10285 was read by title and adopted on motion of Councilman Dyda, seconded by Councilwoman Hein and carried on the following roll call vote: AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH NOES: NONE RESOLUTION NO. 81-70 - SUPPLEMENTAL RESOLUTION NO. 81-70 OF THE CITY COUNCIL REGISTER OF DEMANDS OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $30,187.53, DEMAND NUMBERS 10286 THROUGH 10293, was read by title and adopted on motion of Councilwoman Shaw, seconded by Councilman Ryan and carried on the following roll call vote: AYES: HEIN, RYAN, SHAW, DYDA, & MAYOR BACHARACH NOES: NONE CITY COUNCIL -6- 9/15/81 BERRY HILL UNDERGROUNDING - After a brief explanation of the UTILITY UNDERGROUNDING ON necessity of holding a public hearing SELECTED PRIVATE PROPERTIES on this matter, Councilwoman Shaw moved, (901) seconded by Councilman Dyda and carried to adopt the staff recommendation: (1) Authorize $8,000 for utility undergrounding on selected private properties which will become a lien against the properties following due process and (2) authorize the staff to advertise for bids for the utility undergrounding on selected properties contract. The motion carried on the following roll call vote: AYES: HEIN, RYAN, SHAW, DYDA & MAYOR BACHARACH NOES: NONE AGREEMENT WITH PACIFICARE After discussion of the provisions of paragraph 9.01, Councilman Ryan moved, seconded by Councilman Dyda and carried to table this matter until the next Council meeting. # # �� # 11 If # If CHANGE IN AGENDA Councilwoman Hein moved, seconded by Councilman Ryan and carried to reopen the Agenda. She then moved, seconded by Councilman Ryan and carried to consider Del Cerro Park as the next item of business. DEL CERRO PARK Councilwoman Hein moved, seconded by (1201) Councilman Ryan to remove this park from the Capital Improvement Program and allocate $24,000 to initiate the work on that park. The motion carried on the following roll call vote: AYES: HEIN, RYAN AND MAYOR BACHARACH NOES: SHAW &: DYDA ADJOURNMENT At 12:25 A.M. the meeting adjourned to September 23rd at 7:30 P.M. for continuation of the public hearing on the housing element. The motion was made by Councilwoman Shaw, seconded by Councilwoman Hein and carried. 19t4L 4L11-11-4"1 MAYOR DONALD F. GULUZZY, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL II/ j/i/ V ITY ERK ç2 /ty,' '7 /c 46 - CITY COUNCIL -7- 9/15/81